Model Releases: Get It In Writing

Does this scene sound familiar? You’re developing marketing pieces for your
studio, and you find a great image in your files that you want to use. But for
some reason, you don’t have a model release on file. So you call your client,
and she tells you to go ahead. You’re set…right? Better think again.

PPA has learned of at least 11 states where a verbal model release is
invalid. Failure to follow these laws can cost you in the form of civil
penalties, or even misdemeanor criminal sanctions.

As part of PPA’s continuing effort to provide you with pertinent, updated
information, and to prevent other photographers from being hit with this type
of lawsuit, PPA has reviewed “right to publicity” statutes across the country.
We have found nine states with laws on the books unequivocally requiring a
written model release:

Illinois

Indiana

Massachusetts

Nevada

New York

Ohio

Rhode Island

Virginia

Wisconsin

Two other states require a written release from the heirs of someone who is deceased.&nbsp; While these states do not explicitly require written permission from living persons, it’s a good bet that the requirement is implied:

Kentucky

Texas

On the flip side, seven states have statutes in place that appear to accept verbal or written consent as valid:

California

Florida

Nebraska

Oklahoma

Tennessee

Utah

Washington

Even if you live in a state that will accept a verbal model release, PPA strongly recommends that you always get a signed one to keep on file. If you select an image for use in advertising (including your website), we recommend a specific release. There’s a good chance you’ll never need to show the release to anyone, but if you are ever accused of wrongdoing on this issue, you’ll have much more success defending yourself if you have written proof of permission.